V.Ramasamy, v. The Joint Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5102 of 2019 and W.M.P.(MD)Nos.4064 and 4065 of 2019 V.Ramasamy ... Petitioner Vs 1.The Joint Commissioner Hindu Religious and Charitable Endowment Department, Chennai.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Sivaganai.
3.The Executive Officer, Hindu Religious and Charitable Endowment Department, 4.The District Collector, 5.The Tahsildar, Sivagangai Taluk Office,Sivagangai.
6.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai. 7.The Village Administrative Officer, Office of the Village Administrative Office, 8.The Sub Collector cum Nodal Officer, Devakottai Division Sub Collector, Karaikudi Taluk, Sivagangai District.
9.K.Lakshmanan, Trustee, Kandanoor Nattar Unregistered Trust (Unregistered and Customary Trust) Kandanoor Village,Karaikudi Taluk, Sivagangai District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 8 herein to forthwith draft the bye laws of the Kandanoor Nattar Unregistered Trust situated at Kandanoor village, Karaikudi Taluk, Sivagangai District by incorporating the conduct of election of the Trustee for every two years in a transparent manner on the basis of the petitioner's representation dated 09.02.2019. For Petitioner : Mr.M.Shakul Hameed For R1 to R7 : Mr.M.Rajarajan Government Advocate
ORDER
Heard the learned counsel appearing for the writ petitioner. 2.The writ petitioner states that there is one unregistered Trust known as Kandanoor Nattar Unregistered Trust. He wants this Court to direct the official respondents herein to in turn direct the said Trust to frame bye-laws, so that elections are periodically conducted.
3.I am of the view that the official respondents herein will not have any jurisdiction or power to issue such a direction. The remedy of the writ petitioner is elsewhere. This writ petition is not maintainable.
4.Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Joint Commissioner Hindu Religious and Charitable Endowment Department, Chennai.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Sivaganai.
3.The Executive Officer, Hindu Religious and Charitable Endowment Department,
4.The District Collector, Sivagangai.
5.The Tahsildar, Sivagangai Taluk Office, Sivagangai.
6.The Revenue Divisional Officer, Office of the Revenue Divisional Office, 7.The Village Administrative Officer, Office of the Village Administrative Office, 8.The Sub Collector cum Nodal Officer, Devakottai Division Sub Collector, Karaikudi Taluk, Sivagangai District.
+1CC TO Mr.M.Shakul Hameed, Advocate, SR No.54110 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.53958 W.P.(MD)No.5102 of 2019 13.03.2019 pnn KK/05.04.2019/3P.11C